In New Jersey, racial discrimination is banned under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, determining wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Chesterfield plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Chesterfield Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Chesterfield attorneys will be able to help you with the requirements for your particular region. Additionally, a New Jersey attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.